"Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union" Known as the Australian Manufacturing Workers' Union (AMWU)

[2016] FWCA 1835

DECISION

Fair Work Act 2009

s.185—Enterprise agreement

“Automotive, Food, Metals, Engineering, Printing and Kindred Industries

Union” known as the Australian Manufacturing Workers’ Union (AMWU)

(AG2016/2425)

MERCEDES-BENZ AUSTRALIA/PACIFIC PTY LTD, MERCEDES-

BENZ COMMERCIAL VEHICLES LAVERTON (“MBCV

LAVERTON”) ENTERPRISE AGREEMENT 2015

Vehicle industry

COMMISSIONER LEE

MELBOURNE, 22 MARCH 2016

Application for approval of the Mercedes-Benz Australia/Pacific Pty Ltd, Mercedes-Benz

Commercial Vehicles Laverton (“MBCV Laverton”) Enterprise Agreement 2015.

[1] An application has been made for approval of an enterprise agreement known as the

Mercedes-Benz Australia/Pacific Pty Ltd, Mercedes-Benz Commercial Vehicles Laverton

(“MBCV Laverton”) Enterprise Agreement 2015 (the Agreement). The application was made

pursuant to s.185 of the Fair Work Act 2009 (the Act). It has been made by the “Automotive,

Food, Metals, Engineering, Printing and Kindred Industries Union” known as the Australian

Manufacturing Workers’ Union (AMWU). The Agreement is a single enterprise agreement.

[2] I am satisfied that each of the requirements of ss.186, 187 and 188 as are relevant to

this application for approval have been met.

[3] Pursuant to s.205(2) of the Act, the model consultation term prescribed by the Fair

Work Regulations 2009 is taken to be a term of the Agreement.

[4] The “Automotive, Food, Metals, Engineering, Printing and Kindred Industries Union”

known as the Australian Manufacturing Workers’ Union (AMWU) being a bargaining

representative for the Agreement, has given notice under s.183 of the Act that it wants the

Agreement to cover it. In accordance with s.201(2) I note that the Agreement covers the

organisation.
[2016] FWCA 1835

[5] The Agreement was approved on 22 March 2016 and, in accordance with s.54, will

operate from 29 March 2016. The nominal expiry date of the Agreement is 31 March 2018.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

The applicant, the Australian Manufacturing Workers’ Union (AMWU), has applied for the approval of the Mercedes-Benz Australia/Pacific Pty Ltd, Mercedes-Benz Commercial Vehicles Laverton (“MBCV Laverton”) Enterprise Agreement 2015. The application was made under section 185 of the Fair Work Act 2009. The AMWU is the bargaining representative for the agreement and seeks its approval to cover its members.

The primary legal issues for the court to consider were whether the application for approval complied with the requirements of sections 186, 187, and 188 of the Act. The court needed to determine if the AMWU had properly consulted with its members and if the agreement met all the necessary conditions for approval. Additionally, the court had to confirm that the agreement included the model consultation term as prescribed by the Fair Work Regulations 2009.

The Commissioner concluded that all relevant requirements had been met. The agreement was deemed to comply with sections 186, 187, and 188 of the Act. The model consultation term was incorporated into the agreement as per section 205(2) of the Act. Furthermore, the AMWU had provided the necessary notice under section 183 of the Act, and the agreement was noted to cover the union as per section 201(2). Consequently, the court approved the agreement, which will operate from 29 March 2016, with a nominal expiry date of 31 March 2018.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established